Commentary

D1.662 Intangible assets and cross border transfers

Corporate tax
Corporate tax | Commentary

D1.662 Intangible assets and cross border transfers

Corporate tax | Commentary

D1.662 Intangible assets and cross border transfers

On a cross border transfer of a non-UK business by a UK resident transferor it is possible to claim for the charge that would otherwise arise to be postponed and effectively rolled over against the base cost of shares issued1. This relief is an alternative to the EU provisions on the transfer of a non-UK business (D1.663), consequently a claim can only be made for either one or the other2.

Cross border transfers—conditions for the relief

In order for the relief to apply the transferor company must be resident in the UK and carrying a trade outside the UK through a permanent establishment. The transferee company must be resident outside the UK3. The transferor company must transfer all or part of the trade carried on outside the UK through a permanent establishment to the transferee. The transfer must include all the company's assets used in the trade or part of the trade or all the company's assets other than cash4. The assets transferred must include assets that are chargeable intangible assets

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